A young man resided in a residential care facility due to a mild
intellectual disability. A verbal altercation between the man and a
caregiver occurred, culminating in the caregiver physically
restraining the man. There are various accounts regarding the
nature of the restraint, but it is more likely than not that the
caregiver "grabbed" the man, which resulted in both parties ending
up on the floor for around 10 minutes. Whilst on the floor, the
caregiver held the man's hands and, for at least some of the
restraint, positioned one hand on the man's chest. After the
incident, the caregiver and another staff member spoke with the man
and checked his condition. The man appeared to be fine for the
remainder of the evening (both physically and in terms of his
mood/demeanour).

Around two and a half weeks after the incident the facility
undertook an internal investigation into what had occurred.
Following that investigation, the facility concluded that it had
not been proven that a physical assault had occurred, but that the
action taken by the caregiver was "probably not" appropriate in
terms of the two-man restraint procedure in place.

It was held that the caregiver's decision to restrain the man,
and the method of restraint used, were inappropriate. As a
consequence, the caregiver failed to provide services with
reasonable care and skill, in breach of Right 4(1).

The facility had adequate documentation and policies in place
regarding restraint, and was found to have provided the caregiver
with appropriate training in that regard. Accordingly, the facility
was not directly or vicariously liable for the caregiver's breach
of the Code. However, the facility's policies could have been more
effective in ensuring that appropriate care was provided to the
man. In addition, aspects of the facility's internal investigation
into the incident were inadequate.